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Tipitaka >> Abhidhamma Pitaka >> Kathavatthu >> ‘’’Kathavatthu Ch20’’’ Pali Versions : Pali English Version and Pali Devanagri Version =Kathavatthu Chapter20= 593. Criminal Intent the Essence of Crimes 343 BOOK XX 1. Of Unintentional Crime. Controverted Point . — That the five cardinal crimes, even, when unintentionally committed, involve retribution im- mediately after death. From the Comrnentary. - Inasmuch as the grounds for immediate retribution after death are very weighty and grave, some — for instance, the U ttarapathakas — hold that even the unintentional infliction of such injuries calls for it. 1 Th . — But you imply that if I accidentally take away life, I am a murderer, 2 and as to two of the other four wicked deeds forbidden by morality that if I accidentally take what is not given, I am a thief . . . if I utter untruths unintentionally, I am a liar. You deny. Yet you wish to make exceptions the relative innocence of such acts in just those five serious eases. . . . 3 Gan you cite me a Sutta judging twtintentional crime like that which says : ‘ He that intentionally takes Ids mother’s life incurs immediate retribution’? 1 You cannot. Neither can you maintain your proposition. 4 U . — But does not the fact remain that the mother’s life is taken ? 2 3 4 Surely then the unintentional slayer also incurs immediate retribution. 5-7 Similarly, too, does 1 We cannot trace this passage. So far as his own future is con- cerned, the individual’s mental acts rather than his deeds create it. Of. Majjhima - Nik. , i. 372 f ; cf. iii. 207. See above, 80, n. 5 ; ef. 274. 2 This question is answered in the affirmative with reference to accidental loss of life under medical treatment. — Corny. 344 Criminal Intent the Essence of Crimes XX. 1. one who unintentionally kills father or Arahant, or sheds a Buddha’s blood, incur a like doom. 8 Th . — as to the fifth of such crimes : do you imply that all schismatics incur such a doom ? You deny. But think again ! You now assent. 1 But does a schismatic' who is conscious of right incur it ? You deny. But think again ! You now assent. But was it not said by the Exalted One : * There is a kind of schismatic, Upali, who incurs disaster, purgatory, misery for an won, who is incur- able ; there is a kiiul of schismatic, Upali, who does not incur such a doom, who is not incurable I 2 Hence it is not right to say that a schismatic who is conscious of what is right incurs such a doom. 9 U. — But was it not said by the Exalted One : ‘ He who breaks up the Order is doomed to remain for an won in states of suffering and woe ’ ? ‘ He who delights in party strife, and adheres not to the Dhamma, is cut off from Arahantship . 3 Having broken up the Order when it was at peace, he must be cooked for an ceon in purgatory 7 4 Hence surely a schismatic incurs retribution immediately after death. 2. Of Insight. Controverted Point . — That * insight ’ is not for the average man. From the Commentary.— 1 Insight ’ (nana) is of two kinds — worldly and spiritual. The former is intellection concerned with various 1 He denies, because he is judging such an one to be convinced that his side is in the right ; he assents, in the case of one who knows that right is on the other side.— Corny. Cf. Anguttara-Nik., i. 85 f. Similarly in the following change of reply. — Corny. 2 Vinaya, ii. 205, v. 202, 203 ; Vinaya Texts, iii. 268. The latter mistakes had doctrine or discipline for good, good doctrine or discipline for bad, and records his opinion by his acts. His intentions are good. In the Vinaya passage atthi, ‘there is,’ is rendered as siya, ‘ there may be. 7 3 Literally, from the y o g a k k h e m a, or safety, salvation. Cut off that is, while thiB world-cycle lasts. 4 Ibid. 595. Intuition and Analysis 345 attainments, and in noting the course of karma by way of righteous acts of giving, etc. ; the latter is intuition concerned with the Paths and their Fruits, Path-intuition being learned by analysis of truth. 1 Now some, like the Hefruvadins, failing to distinguish this, accept only Path-intuition as insight. 2 Hence they deny it in the average man. 1 Th . — But you imply that a worldly man has no analytic discernment, no analytic understanding, no ability to investigate or examine, no faculty of research, no ability to mark well, observe closely, mark repeatedly. 3 Is not the opposite true ? 2 Again, you admit, do you not ? that there is not one of the four Rupa-jhanas or of the four Arupajhanas to which a man of the world may not attain, and that he is capable of liberality towards the Brethren as to the four requisites : raiment and so forth. Surely then it is not right to say a worldly man can have no insight. 3 H . — If he can have insight, does he by that insight recognize the truth about 111, eliminate its cause, realize its cessation, develop the Path going thereto ? You admit that he does not. Therefore, etc. . . . 3. Of the Guards of Purgatory. Controverted Point. — That in the purgatories there are no guards. From the Commentary. — Some — for instance, the Andhakas — hold that there are no such beings, but that the hell-doomed karmas in the shape of hell-keepers purge the sufferers. 1 Th . — Do you imply that there are no punishments inflicted 4 in the purgatories ? You maintain the contrary ? But you cannot maintain both propositions. 1 The instantaneous penetration (ekabhisamaya'l of truth by one who has reached the Path is intuitive, but he is also able to analyze truth. See Appendix : article 4. 2 On the ambiguity of this term, see also II. 2. 3 Cf. Bhamma-sangani, § 16. All these are synonyms of 2. a n a. — Corny. We have brought out the force of the prefix ‘pa’ in the first two (panna, pajanana). 4 Kamma-karanani. On this term, see JFTS, 1884, 76, and references given. 346 Infernal Custodians XX. 3. 2 You admit that on earth there are both punishments and executioners ? Yet you deny that the latter exist in purgatory. . . . 3 Moreover, was it not said by the Exalted One : ‘ Not Vessnbhu nor yet the Petas' King, Soma, Yama, or King Vessarana — The deeds that were his own do punish him Who ending here attains to other worlds Y 1 2 Hence there are guards in purgatory. 4 Again, was it not said by the Exalted One: ‘Him, hkikklms, hell's guards torture a with the fivefold punishment ; they thrust a hot iron stake through one hand, then another through the other hand , then one through the foot, then another th ough the other foot ; they thrust a hot iron stake through the middle of the chest. And he thereupon feels painful, piercing, intolerable suffering, nor does he die till that evil deed of his is cancelled Y 3 5 Again, was it not said further by the Exalted One : ‘ Him, bhikkhus. hell’s guards make to lie down and flay him with hatchets . . . they place him head downioards and flay him with knives . . . they bind him to a chariot and drive him to and fro over burning, blazing, glowing ground . . . they lift him up on to a great hill of burning, blazing, white-hot coals and roll him down the fiery slope . . . they double him up and cast him into a hot brazen jar, burning, blazing, glowing , where he boils, coming up like a bubble of foam, then sinking, going now to this side, now to that . 4 There he suffers fierce and bitter pain, nor does he die till that evil karma is cancelled. Him, bhikkhus, they cast into the Great Purgatory. Noiv this : 1 We cannot trace these verses, hence cannot indicate the context. 2 Our text has kammar) karenti; the Nikaya (PTS edition) has . . . k a r o n t i. 3 Majjhima-Nik., iii. 182 f. ; Anguttaru-Nik., i. 141. The Br. translation here and below reads : ‘ and he dies till that evil deed/ etc. 4 Milinda, ii. 261 (translation) ; Jdtaka, iii. 46 (text). 598. Of Animals in Heaven 847 In districts measured out foursquare jour-doored. Iron the ramparts bounding it, with iron roofed, Iron its soil welded by fiery 1 heat, Spreading a hundred leagues it stands for aye ' ? 2 Hence there surely are guards in purgatory. 4. Of Animals in Heaven. Controverted Point. — That animals may be reborn among the devas. From the Commentary. — Among devas many — for instance, Eravana * — assume animal shapes, such as those of elephants or horses, but no animals are reborn as such among them. Some, however, like the Andhakas, assume that because such celestial shapes have been seen, therefore these were celestially reborn animals. 1 Th. — Do you then imply that conversely devas are reborn as animals? Or that the deva-world is an animal kingdom? That there may there he found moths, beetles, gnats, flies, snakes, scorpions, centipedes, earthworms? You deny all this. Then you cannot maintain your pro- position. ... 2 A. — But is not the wondrous elephant Eravana there, the thousand- wise yoked celestial mount ? 3 3 Th. — But are there also elephant and horse stables there, and fodder and trainers and grooms ? . . . 5. Oj the Any an Path. Controverted Point . — That the Path is fivefold only, ■ From the Commentary . — Some, such as the Mahipsasakas, hold that in general terms the Ariyan Path is only fivefold. They infer 1 The Br. and the Nikdya have jalita; the PTS alita maybe a misprint. 2 Majjhima-Nik., ibid. ; Anguttara Nik., ibid. 3 Yana, literally vehicle. See above, p. 127, n. 4. 348 The Eightfold Path XX. 5. this both from the' Sutta, ‘ One who has previously been quite pure,’ etc., and also because the three eliminated factors— speech, action, and livelihood — are not states of consciousness like the other five. 1 1 Th. — But was not the Path pronounced by the Exalted One to be eightfold — namely, right views, right purpose, right speech, action, and livelihood, right effort, mindfulness, and concentration? 2 And did he not also say : * Of all the means the Eightfold Path is best, And best of all true things the Stages Four ; Best state of mind disinterestedness , 2 And of all bipeds best the man-who-sees 7 s Surely, then, the Path is eightfold. 3 But you tell me that though these three — right speech, right action, right livelihood — are factors of the Path, nevertheless they are not path, 4 while the other five are both factors of the Path and Path. Why this distinction ? 5 M. — But was it not said by the Exalted One : l For him who has hitherto been quite pure in karma of deed and of word and of livelihood, this Ariyan Eightfold Path zoill go to per- fection of development 7 4 Hence surely the Path is fivefold. 6 Th. — But was it not said by the Exalted One : ‘In what- soever doctrine and discipline, Subhadda, the Ariyan Eightfold Path is not found, neither in it is there found a saintly man 5 of the first, or of the second, or of the third, or of the fourth degree. And in whatsoever doctrine and discipline , Subhadda, the Ariyan Eightfold Path is found, in it is such a saintly man found. Now in this doctrine and discipline, Subhadda, 1 As discussed above, X. 2. 2 Virago, absence of greed or passion. 3 JDJiammapada, ver. 278. 4 We have not traced this passage. Purity of act, word, and life, is essential as a preliminary qualification for the Path; much more are these three factors of the Path. 6 Samano. 602. Insight and Norm-Wheel 349 is found the Ariyan Eightfold Path, and in it, too, are Joimd men of saintliness of all four degrees. Void are the systems of other teachers, void of saintly men ’P Hence surely the Path is eightfold. 6. Of Insight. Controverted Point . — That insight into the twelve-fold base is spiritual. 2 From the Commentary. — There is an opinion— held by the Pub- baseliyas, for instance — concerning the 1 twelve constituent parts ’ in the First Sermon, ‘The Turning of the Norm- Wheel’ — namely, that knowledge based on those twelve belongs to the Four Paths and Fruits. 1 Th. — Do you mean that there are twelve kinds of insight ? You deny. I ask again. You admit. 3 Then are there twelve or Stream-winning Paths? or Fruits thereof ? Or twelve of any of the other Paths or Fruits? . . . 2 P. — But was it not said by the Exalted One: ‘(A, i.) That this Ariyan Truth concerning III, 4 0 bhikkhus, was not among the doctrines handed down, hut there arose in me the vision, there arose in me the insight (nan ay), there arose in me the wisdom, there arose in me the understanding, there arose in me the light ; (ii.) that this Ariyan fact of III must he com- prehended; (iii.) that it was comprehended ; (B, i.) that this was the Ariyan Truth concerning the Cause of III; (ii.) that the Cause of III was to be put away . . .; (iii.) was put away; (C, i.) that this was the Ariyan Truth concerning the Cessa- tion of III; (ii.) that this Cessation was to he realized; (iii.) had been realized ; CD, i.) that this was the Ariyan Truth concern- 1 Dialogues, ii. 166. 2 Lokuttara-. See above, p. 134, n. 4.- 3 He first denies because of the oneness of the Paths ; he then assents because of the diverse knowledge — as to nature, the need to do and the being done — respecting each Truth. — Corny. * The Br. translator renders ‘ That this 111 constitutes an Ariyan fact.’ 350 Insight and Norm- Wheel XX. 6. ing the Path going to the Cessation of III ; (ii.) that that Path ivas to be developed; (iii.) that it had been developed ’ l 1 Hence surely the insight based on these twelve parts is spiritual. 1 Vinaya Texts , i. 96 f. ; Buddhist Suttas (SBE, XI.), 150-152. 1 The citation is inconclusive, as it does not show the twelve kinds of Insight of the Ariyan Path, but merely a distinction between prior and later knowledge. — Corny.